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· 10/6/1911

Lewis, Wilson & Hicks v. Durham

Citations

  • 144 Ky. 704
  • 139 S.W. 952
  • 1911 Ky. LEXIS 726

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • describing the “Royal Oak Line” as “bearing a design of an octagonal shaped bezel with eight hexagonal screw-heads”
  • describing the “Royal Oak Line” as “bearing a design of an octagonal shaped bezel with eight hexagonal screw-heads”
  • stating despite “high” sales revenues totaling $167 million, the number of units sold in the United States “each year hovers around 3,000”, and that this “low volume favors Defendants”
  • rejecting functionality argument because “the trade dress at issue composed of an octagonal bezel with eight flat embedded screws is neither essential to the use or purpose of a watch nor does it affect the cost or quality of the article”
  • rejecting functionality argument because “the trade dress at issue composed of an octagonal bezel with eight flat embedded screws is neither essential to the use or purpose of a watch nor does it affect the cost or quality of the article”
  • trade dresses similar because “both watches have an octagonal bezel with eight flat screws spaced out around the bezel”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.